About the evolution of the concept of «prisoner of war» and the rules of treatment of prisoners of war: a historical and legal research

The article examines the issues related to the historical evolution of the concept of «prisoner of war» and the rules of detention, treatment and internment of such persons. It is stated that the precedent of discrepancies between legal acts providing for legal regulation of the status of prisoners of war is retrospective. The author analyses the customs of the ancient world and early civilisations for compliance with moral norms in the context of treatment of prisoners of war. Early states did not actually know what a system of «humane» treatment of prisoners of war was, but such countries and states as Ancient Greece and India were the driving force for fundamental changes in the vector of humane treatment of persons held in captivity. Using the method of comparative legal analysis, the author concludes that the periods of the Middle Ages and Modern times in terms of treatment of prisoners of war have both a close correlation and direct inconsistency. The author identifies the legislative acts that served as the basis for the regulatory settlement of the problem, such as the Special Prisoners’ Decree or the Hague Convention of 1899. The author analyses the historical changes in international approaches to understanding the concept of «prisoner of war» and the rules for the treatment of such persons from early armed conflicts to modern norms of international humanitarian law. Attention is drawn to the national framework of Ukrainian legislation in the context of the customs of Kyivan Rus, the late Middle Ages, the Ukrainian SSR and the period of independence. The treatment of prisoners of war on the territory of Ukraine has always been historically consistent with moral values, even those which can be compared with modern international humanitarian law. The author concludes that the conflict between theory, legislation and practice has been present throughout human history due to the destructive nature of war and hostilities. The author emphasises the need to find new practical approaches to improve the level of legal regulation of the status of prisoners of war in international humanitarian law and national legislation of Ukraine (in particular, criminal procedure law).